[2019] KEHC 7730 (KLR)

[2019] KEHC 7730 (KLR)

The court held that the period of three years, six months, and five days that the applicant spent in custody prior to his conviction must be considered as part of his sentence. The court relied on Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in custody before conviction should...

Source-derived case information.

Citation
[2019] KEHC 7730 (KLR)
Parties
Applicant: Moses Muriithi Njoki; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision 827 of 2018
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Outcome
application allowed
Legal Topics
Sentencing Review, Time Spent in Custody, Rape Offence, Robbery With Violence, Sexual Offences Act, Penal Code
Source Language
en
Criminal Law Sentencing Review Time Spent in Custody Rape Offence Robbery With Violence Sexual Offences Act Penal Code

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Moses Muriithi Njoki

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Sentence Review Application

Legal Issues

  1. 1 Whether the period spent in custody by the applicant prior to conviction should be considered as part of the sentence imposed.
  2. 2 Whether the applicant is entitled to have the pre-sentence custodial period deducted from the total sentence.

Ratio Decidendi

The court held that the period of three years, six months, and five days that the applicant spent in custody prior to his conviction must be considered as part of his sentence. The court relied on Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in custody before conviction should be deducted from the term of imprisonment imposed. Accordingly, the court ordered that the applicant's sentence of ten years imprisonment shall be deemed to have commenced from the date he was first remanded in custody, thereby ensuring that the custodial period already served is factored into the total sentence.

Court Disposition

application allowed

Orders

  • The period of three years, six months, and five days spent in custody by the applicant shall constitute part of the sentence imposed.
  • The applicant's sentence of ten years imprisonment shall be computed from the date he was first remanded in custody.